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HomeMy WebLinkAbout91-12EXHIBIT A RESOLUTION NO. 91-12 A RESOLUTION OF THE PLANNING COMMISSION OF THE TOWN OF DANVILLE APPROVING LAND USE PERMIT LUP 91-08 AND DEVELOPMENT PLAN DP 90-28 TO CONSTRUCT A 25,000 +/- SQUARE FOOT CHURCH FACILITY LOCATED AT 1565 GREEN VALLEY ROAD -- ROLLING HILLS COMMUNITY CHURCH WHERF&S, on December 11, 1990 the Planning Commission approved Land Use Permit (LUP 90-18) allowing Rolling Hills Community Church to install four portable buildings, for a maximum period of two years, on the 2.58 +/- acre site church site; and WHEREAS, Rolling Hills Community Church has requested approval of a Land Use Permit request (LUP 91-08) and a Development Plan request (DP 90-28) to construct a 25,000 +/- square foot church facility; and WHEREAS, the subject site is located at 1565 Green Valley Road and is identified as Assessor's Parcel Number 196-330-036; and WHEREAS, Title 8 (Zoning Ordinance) of the Municipal Code requires approval of a Land Use Permit for the proposed church facility; and WHEREAS, the Planning Commission did review the project at a noticed public hearing on March 26, 1991; and WHERF&S, the proper notice of this request was given in all respects as required by law; and WHEREAS, a staff report was submitted recommending that Planning Commission approve the request; and WHEREAS, the Planning Commission did hear and consider all reports, recommendations, and testimony submitted in writing and presented at the hearing. NOW, THEREFORE, BE IT RESOLVED THAT the Planning Commission of the Town of Danville approves a Negative Declaration of Environmental Significance and approves the Land Use Permit and Development Plan requests (LUP 91-08 and DP 90-28) per the conditions contained herein, and makes the following findings in support of the respective applications: Land Use Permit The church facility will not be detrimental to the health, safety and general welfare PAGE 1 OF RESOLUTION NO. 91-12 of the Town. The church facility will not adversely affect the orderly development of property of the Town. The church facility will not adversely affect the preservation of property values and the preservation of the tax base within the Town. The proposed development is in conformance with the goals and policies of the Danville 2005 General Plan. Churches are an allowed use within areas designated for Residential - Single Family - Low Density land use. o The church facility will not adversely affect the policies and goals as set by the General Plan and the R-20; Single Family Residential District. o The church facility will not create a nuisance and/or enforcement problem within the district. Development Plan 1. The church facility will not encourage marginal development in the area. 2. The proposed development is consistent with The Danville 2005 General Plan. The proposed development will constitute an environment of sustained desirability and will be in harmony with the character of the surrounding neighborhood and community. CONDITIONS OF APPROVAL (Note: "*" Indicates standard project Conditions of Approval) Unless otherwise specified, the following Conditions shall be complied with prior issuance of building permits for the project. Each item is subject to review and approval by the Planning Division unless otherwise specified. A. GENERAL This approval is for a 25,000 +/- square foot church facility located at 1565 Green Valley Road (further identified as APN: 196-330-036). Development shall be substantially as shown on the project drawings as follows, except as may be modified by conditions containe, d herein; no Site Plan, architectural elevations, and preliminary landscape plan for Phase Two of Rolling Hills Community Church laroject, larepared by PAGE 2 OF RESOLUTION NO. 91-12 o o 0 Church Development Associates and dated received by the Planning Division on March 19, 1991. The developer shall pay any and all Town and other related fees that the property may be subject to. These fees shall be based on the current fee schedule in effect at the time the relevant permits are secured. Notice should be taken specifically of the Northeast Road Improvement Benefit District fee, Engineering Inspection fees (approximately 5% of approved construction costs), Improvement Plan Check fees (approximately 3% of approved estimate of construction costs) and the drainage acreage fees as established by the Contra Costa County Flood Control District. Prior to the issuance of grading or building permits, the developer shall submit written documentation that all requirements of the San Ramon Valley Fire Protection District and the San Ramon Valley Unified School District have been or will be, met to the satisfaction of these respective agencies. The Fire District's initial comments on this project are summarized in part within their letter of November 28, 1990. A fire hydrant shall be installed on the site and its location is subject to approval of the Fire District. If archeological materials are uncovered during any construction or pre-construction activities on the site, all earthwork within 100 feet of these materials shall be stopped, the Town Planning Division notified, and a professional archeologist, certified by the Society of California Archeology and/or the Society of Professional Archeology, shall be notified. Site work in this area shall not occur until the archeologist has had an opportunity to evaluate the significance of the find and to outline appropriate mitigation measures, if they are deemed necessary. All construction and grading operations, including delivery of materials and warming up of machinery, shall be limited to weekdays (Mondays through Fridays) during the hours from 7:30 a.m. to 5:30 p.m., unless otherwise approved in writing by the City Engineer. If determined necessary by the City Engineer, the project developer shall provide security fencing around the entire site during construction of the project. Any building construction activity, delivery of construction supplies, or use of pneumatic tools, shall be limited to weekdays (Mondays thru Fridays) during the hours from 7:30 a.m. to 5:50 p.m., unless otherwise approved in writing by the Chief Building Official. All physical improvements shall be in place prior to occupancy of any structure in the project. If occupancy within the project is requested to occur in phases, all physical improvements shall be required to be in place prior to oceul3ancy excelat for items slaecifically excluded in a Construction- PAGE 3 OF RESOLUTION NO. 91-12 Phases Occupancy Plan approved by the Planning Division. No structure shall be occupied until the adjoining area is finished, safe, accessible, provided with all reasonably expected services and amenities, and appropriately separated from remaining additional construction activity. SITE PLANNING All lighting shall be installed in such a manner that glare is directed away from surrounding properties and rights-of-way. The location of any pad mounted transformers shall be subject to approval by the Planning Department prior to the issuance of a building permit. Generally speaking, such transformers shall not be located between any street and the front of a building. LANDSCAPING Final Landscape and Irrigation Plans (with planting shown at 1"= 20' scale), shall be completed by a licensed Landscape Architect and qualified Landscape Irrigation specialist, and shall be submitted for review and approval by the Planning Division. All landscaping and landscape irrigation shall be installed consistent with Landscape and Irrigation Guidelines in place at the time of plan submittal. Plans shall include common names of all plant materials and shall indicate the size that various plant materials will achieve within a five year period of time. All landscaping and irrigation shall be inspected by the respective designer and certified complete by written documentation to the Planning Division prior to occupancy of the structure. o All plant material shall be served by an automatic underground irrigation system and maintained in a healthy growing condition. All trees shall be a minimum of 15 gallon container size and properly staked. Shrubs not used as ground cover shall be a minimum of 5 gallons in size. All landscaped areas not covered by shrubs and trees shall be planted with live ground cover. All existing trees on the site shall be preserved to the extent practical. Removal will be allowed only upon prior written approval from the Planning Division. PAGE 4 OF RESOLUTION NO. 91-12 o 10. 11. 12. 13. 14. 15. The developer shall plant street trees along the Blemer and Green Valley Road street frontages. The street trees shall be Pistache Chinensis, planted at 25 feet on center and shall be a minimum of 15 gallons in size. Street trees shall be planted four feet back of sidewalk. The location of the street trees is subject to review and approval of the Town. No shrubbery shall be planted within lawn areas, specifically the lawn adjacent to Green Valley Road. Compact parking spaces shall be clustered in a manner that additional landscape planters can be added to the center of the parking lot to increase the amount of tree canopy within the parking lot (see Staff Study - Exhibit E of the Planning Commission report dated March 26, 1991). This revision is subject to the review and approval of the Planning Division. The entire length of the subject property's southern property line shall be landscaped with trees and shrubs to provide a dense landscape screen for adjacent single family residences. The applicant shall install a new six foot high redwood fence along the entire length of the subject property's southern property line. Deciduous and evergreen trees (minimum 15 gallon size) shall be planted along the western boundary of the site. Subject to the westerly property owner's (Sussman) written approval, a portion of the required trees may be planted on the Sussman property, east of the creek. There shall be shrubbery and ground cover on both sides of the decorative rail fence, subject to review and approval of the Planning Division. The maximum height of the proposed monument sign (not including the planter) shall be five feet eight inches. The lighting source for the monument sign shall be hidden from view, and is subject to review and approval of Planning staff. All exterior lighting, including placement and degree of intensity, for the building is subject to the review and approval by the Design Review Board All parking lot lighting shall be directed away from existing and future surrounding residential development, and no parking lot lights shall exceed 16 feet in height. The interior lighting for the illuminated artificial windows facing Green Valley Road shall be controlled by a timer. Such window illumination shall occur no later than 10:00 p.m. on a regular basis, however the windows PAGE 5 OF RESOLUTION NO. 91-12 Do Eo may be illuminated later than 10:00 p.m. for special church functions or events. 16. The six foot high fence surrounding the play yard shall be wood and is subject to the review and approval of the Design Review Board. ARCHITECTURE All ducts, meters, air conditioning and/or any other mechanical equipment whether on the structure or on the ground shall be effectively screened from view with landscaping or materials architecturally compatible with the main structure(s). All trash and refuse shall be contained within enclosures architecturally compatible with the main structure(s). Enclosure design shall include six (6) foot high masonry walls on three sides with steel framed gates and wood bolted to the gates. Gates will be self-closing and self-latching. The masonry blocks shall be faced with the same brick material utilized on the main structure. The street number of the building shall be posted so as to be easily seen from the street at all times, day and night. If additional signing for the development is desired, in addition to any signs approved as part of this application, a comprehensive sign program shall be submitted to the Town for consideration under a separate application. o Prior to the issuance of a building permit, samples of final colors and materials selected shall be submitted to the Planning Division for review and approval. o Details of the final fascia design, details of the gable and eave design, and roofing material shall be reviewed by the Design Review Board prior to issuance of building permits. PARKING All parking spaces shall be striped and provided with wheel stops unless they are fronted by concrete curbs, in which case sufficient areas shall be provided beyond the ends of all parking spaces to accommodate the overhang of automobiles. Where authorized, compact car spaces shall be clearly designated with appropriate pavement marking or signage. Compact spaces shall be no less PAGE 6 OF RESOLUTION NO. 91-12 than 8 feet by 16 feet in size including allowable overhang. F0 GRADING Any grading on adjacent properties will require prior written approval of those property owners affected. o Areas undergoing grading, and all other construction activities shall be watered, or treated with other dust control measures to prevent dust. These measures shall be approved by the Chief Building Official and employed at all times as conditions warrant. Development shall be completed in compliance with a detailed soils report and the construction grading plans prepared for this project. The soils report shall contain specific recommendations for foundation design of the building. The engineering recommendations outlined in the project specific soils report shall be incorporated into the design of this project. o Where soils or geologic conditions encountered in grading operations are different from that anticipated in the soil report, a revised soils report shall be submitted for review and approval by the Town Engineer. It shall be accompanied by an engineering and geological opinion as to the safety of the site from settlement and seismic activity. STREETS The developer shall obtain an encroachment permit from the Engineering Division prior to commencing any construction activities within any public right-of-way or easement. Street signing shall be installed by the developer as may be required by the City Engineer. Traffic signs and parking restriction signs shall which may be required to be installed shall be subject to review and approval by the Police Depa~-Unent. o The developer shall keep adjoining public streets free and clean of project dirt, mud, materials and debris during the construction period, as is found necessary by the City Engineer. 0 Handicapped ramps shall be provided and located as required by the City Engineer. This development shall be provided with a safe and effective circulation system for bicycles and pedestrians. These facilities shall be designed and PAGE 7 OF RESOLUTION NO. 91-12 10. 11. installed to the satisfaction of the City Engineer and shall be separated from vehicular traffic wherever possible. Any damage to street improvements now existing or done during construction on or adjacent to the subject property shall be repaired to the satisfaction of the City Engineer at full expense to the developer. This shall include slurry seal, overlay or street reconstruction if deemed warranted by the City Engineer. All improvements within the public right-of-way, including curb, gutter, sidewalks, driveways, paving and utilities, shall be constructed in accordance with approved standards and/or plans and shall comply with the standards established in Title 9 of the City Code. At the time Project Improvement Plans are submitted, the developer shall supply to the City Engineer an up-to-date Title Report for the subject property. The new sidewalk along the Blemer Road frontage shall be constructed consistent with Danville Standard Plans. The sidewalk shall constructed of concrete, 4.5 feet wide, and shall abut the new curb and gutter required for the street widening. Green Valley Road is to be widened in the immediate future (street paving, curb & gutter and sidewalk) by the Town through the Northeast Road Improvement Benefit District. This property shall participate in the Northeast Road Improvement Benefit District for Green Valley Road. The property owner shall enter into a development agreement, prepared by the Town Attorney, requiring the widening and improvement of Blemer Road along the frontage of this site by December 11, 1992 or prior to occupancy of any new permanent structure constructed within two years. The improvements consist of street widening (for an ultimate 40 foot curb - to - curb street section), curb, gutter, sidewalk, driveways, street trees and street lighting. Public improvement plans for the improvements shall be prepared by a registered civil engineer and submitted to the Engineering Depas:~n-~ent for processing and approval. All improvements within the public right-of-way, including street widening, curb, gutter, sidewalk, driveways, street trees, street lighting and utilities shall be constructed in accordance with approved standards and/or plans and shall comply with the standards established in Title 9 of the City Code. At the time Project Improvement Plans are submitted, the developer shall supply to the City Engineer an up-to-date Title Report for the subject property. PAGE 8 OF RESOLUTION NO. 91-12 Ho INFRASTRUCTURE Water supply service shall be provided by the East Bay Municipal Utility District in accordance with the requirements of the District. o Sewer disposal service shall be provided by the Central Contra Costa Sanitary District in. accordance with the requirements of the District. Drainage facilities and easements shall be provided to the satisfaction of the City Engineer and/or the Chief Engineer of the Contra Costa County Flood Control District. 0 All storm water run-off shall be collected and conducted via an approved drainage method to the nearest approved downstream facility. o Off-site drainage flows shall be intercepted at the project boundary via an approved storm drain facility, or as approved by the City. o Roof drains shall empty onto paved areas, concrete swales, other approved dissipating devices, or into a pipe. Concentrated drainage flows shall not be permitted to cross sidewalks or driveways. o Any portion of the drainage system that conveys runoff from public streets shall be installed within a dedicated drainage easement, or public street. 0 If a storm drain must cross a lot, or be in an easement between lots, the easement shall be equal to or at lease double the depth of the storm drain. 10. The developer shall comply with all relevant requirements of the Contra Costa County Flood Control District and the Department of Fish and Game. 11. The developer shall furnish proof to the City Engineer of the acquisition of all necessary rights of entry, permits and/or easements for the construction of off-site temporary or permanent road and drainage improvements. Electrical, gas, telephone, and Cable TV services, shall be provided underground in accordance with the City policies and existing ordinances. All utilities shall be located and provided within public utility easements, sited to meet utility company standards, or in public streets. 12. All utilities required to serve the development shall be installed underground. PAGE 9 OF RESOLUTION NO. 91-12 All public improvement plans shall be prepared by a licensed civil engineer. The developer shall mitigate the impact of additional stormwater runoff from this development on the San Ramon Creek watershed by either of the following methods: no Removing 1 cubic yard of channel excavation material from the inadequate portion of San Ramon Creek near Chaney Road for each 50 square feet of new impervious surface area created by the development. All excavated material shall be disposed of offsite by the developer at his cost. The site selection, land rights, and construction staking will be determined by the Flood Control District. OR, AT THE b. OPTION OF THE DEVELOPER, Contribute to the County Deficiency Development Fee Trust (Fund No. 812100-0800) a drainage fee of $0.10 per square foot of new impervious surface area created by the development. Within 12 months of receipt of the contribution, the Flood Control District will use the monies to implement the subject improvements. The added impervious surface area created by the development will be based on the Flood Control District's standard impervious surface area ordinance. 'I. MISCELLANEOUS The project shall be constructed as approved. Minor modifications in the design, but not the use, may be approved by Staff. Any other change will require Planning Commission approval through the Land Use Permit or Development Plan review process, as appropriate. Conditions of this approval may require the developer to install public improvements on land neither the developer, not the Town, has easement rights to allow the improvements to be installed. The developer shall be responsible for acquisition of the necessary easements either through private negotiations or by entering into an agreement with the town and assume all responsibilities for acquisition pursuant to the Town's authority for condemnation.. Such acquisitions shall be commenced prior to the developer's submittal of any final map. All costs associated with such acquisition shall be borne by the developer. ° A separate use permit will be required for any Monday thru Friday daycare, pre-school or elementary school use on the site. PAGE 10 OF RESOLUTION NO. 91-12 PASSED, APPROVED AND ADOPTED THIS 26th day of March, 1991 by the following vote: AYES: Arnerich, Hughes, Hunt, Osborn, Vilhauer, Wright NOES: ABSTENTION: ABSENT: Murphy APPROVED AS TO FORM: (City Attorney Chairman pdpzl4 PAGE 11 OF RESOLUTION NO. 91-12